Clark v. Langenbach

Citations

• 130 F. 755
• 65 C.C.A. 181
• 1904 U.S. App. LEXIS 4216

Syllabus

<p>1. Foecible Entey and Detainer — Action under Kentucky Statute — Issues.</p> <p>Under the Kentucky statute providing a summary proceeding to recover possession of lands from which plaintiff .has been forcibly ousted, a lessee in an oil lease who was actually in possession for the purposes of his lease, under claim of right, when he was forcibly dispossessed by defendants, claiming under a subsequent lease, may recover his possession, although the owner and lessor was, in subordination to the lease, also in possession for general purposes, and regardless of the validity of his lease, the question of title not being an issue in such proceeding.</p> <p>2. Same — Evidence.</p> <p>In such an action plaintiff’s lease was admissible in evidence for the purpose of showing the extent of his possession taken thereunder.</p> <p>3. Same — Right to Remedy — Resistance to Dispossession.</p> <p>Under such statute, which defines a forcible entry as “an entry without the consent of the person having the actual possession” (Civ. Code ,Ky. 1900, § 452), the person in possession is not required to resist dispossession by actual force, but is entitled to the remedy where he yields to threatened violence.</p>